Sunday, December 22, 2013

Frazier v. Cupp case brief

Frazier v. Cupp case brief summary
349 U.S. 731 (1969)

The court granted certiorari to the Appellate Division of the Supreme Court of New York, Second Department, to review that court's denial of a motion for leave to appeal by petitioner, a representative of a committee for peace, in his action against respondents, members of a board of education, who refused to allow the use of any public school buildings by the committee for a forum on peace and war.

The board refused to allow the committee to use any public school building for its meeting. Petitioner sued the board, alleging that it discriminated against the committee in depriving the committee's members of their constitutional rights of freedom of speech, assembly, and equal protection. The New York Court of Appeals denied petitioner's motion for leave to appeal without stating any ground for its decision.


  • The court granted certiorari, then heard reargument, noting that the burden of petitioner's grievance seemed to be that the board applied N.Y. Education Law, §§ 414(3), 414(4), 414(6) and the regulations promulgated pursuant thereto differently to other groups than to the committee. 
  • However, petitioner failed to allege that other organizations of a similar character were allowed use of the schools. 
  • The court found that the most reasonable inference from the record was that the denial of petitioner's motion for leave to appeal went on the ground of insufficiency of his pleading, which meant that the court had no jurisdiction. 
  • The court concluded that the writ of certiorari was improvidently granted.

The court dismissed the writ of certiorari.

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